In this article
- 1 Traffic tickets and liability in a car accident
- 2 In case that you were the only driver who received a ticket
- 3 Impact on Compensation Amount
- 4 Challenging a Traffic Ticket
- 5 Do I need an attorney after a car accident in Washington DC?
Last Updated on July 6, 2023 by Carlos Lopez
A traffic ticket can affect your car accident claim in a number of ways. For one, it can be used as evidence of comparative negligence.
This means that the person who got the ticket may not be able to get compensation for their injuries.
Traffic tickets and liability in a car accident
If you were not at fault for the car accident, then you should not be worried about traffic tickets. But if you were at fault, then traffic tickets may affect your claim.
Traffic tickets can impact your car insurance rates, and in some cases it can even cause a denial of coverage.
So it is important to know the consequences of having a ticket or multiple tickets on your record before filing an auto claim.
If the other driver is ticketed
If the other party has been ticketed, you may think you have a win, for example, if the other driver runs a red light or is speeding.
However, it is best to seek legal advice, as some traffic violations such as not wearing a seatbelt may be a danger to the safety of the driver, but not the cause of the traffic accident.
If only you were ticketed
The case is not completely lost; it is still possible to claim compensation for injuries or lost wages after the accident. Your insurance company will try for various reasons to dismiss your claim, so you should seek legal advice.
Comparative negligence (if all parties were issued a ticket)
If a driver has a traffic ticket, it can affect their comparative negligence in an accident claim.You should also read:If you refuse medical treatment following a car accident, this may affect your injury claim
Comparative negligence is the process of assigning percentages to different people’s fault in an injury-causing event.
For example, in the same accident you have a broken stop light on your car and receive a ticket for it, on the other hand, the other driver was drunk while driving and drifted into your lane, the insurance company will assign percentages of fault, assigning 15% to you for your violation and 85% to the other driver. In conclusion, you will receive 85% of your initial claim.
In case that you were the only driver who received a ticket
In this case where you were ticketed and your counterpart was not, there are different ways to proceed.
Just because you were ticketed does not mean that you were the primary cause of the accident, if so, you should seek the assistance of an attorney to protect your rights.
With the right legal assistance there is the possibility of mitigating accusations against you, and it is even possible to provide proof that the other driver was responsible for the crash.
Remember that until proven otherwise, drivers share equal responsibility, and an attorney can be very helpful in proving your cause.
Impact on Compensation Amount
When you’re involved in an accident, you may be entitled to compensation for your damages.
These damages can include medical bills, property damage, lost wages, and even pain and suffering.
However, the presence of a traffic ticket can have a substantial impact on the amount of compensation you receive.You should also read:Options if insurance fails to investigate my claim for car accident
In most jurisdictions, the principle of comparative negligence is followed.
This means that the fault for the accident is shared based on the extent to which each party contributed to it.
If you were issued a traffic ticket due to a violation that contributed to the accident, it could be interpreted as an admission of guilt or negligence.
For instance, if you were speeding and subsequently involved in an accident, your traffic ticket for speeding would be evidence of your negligence.
If it’s determined that your negligence contributed 20% to the accident, your compensation could be reduced by 20%.
Moreover, some states follow a ‘modified comparative negligence’ rule.
In such states, if you are found to be more than 50% at fault for the accident, you may not be entitled to receive any compensation at all. In this scenario, a traffic ticket could severely impact your claim.
Lastly, traffic tickets can also indirectly impact the amount of compensation by influencing your credibility.
In court, a clean driving record can bolster your reliability, whereas a record with numerous traffic violations might harm your credibility, potentially affecting the court’s perception and the compensation awarded.
Therefore, it’s crucial to understand the possible implications of traffic tickets on the compensation amount in accident claims.You should also read:How to prove you suffered a permanent injury after a car accident (2023 updated)
If you are faced with this situation, seeking the assistance of a legal professional can be very beneficial to navigate the complexities of the process.
Challenging a Traffic Ticket
If you believe that a traffic ticket was unjustly issued, you have the right to contest it.
The process can be complex and requires a good understanding of traffic laws and court proceedings.
Here is a step-by-step guide on how to challenge a traffic ticket:
Step 1: Understand the Violation
Firstly, you must understand the violation for which you were ticketed.
Read the citation carefully and research the specific law you allegedly violated. Understanding the offense’s specifics can help you build a robust defense.
Step 2: Gather Evidence
Compile evidence to support your defense.
This can include photographs of where the incident occurred, witness statements, and any other relevant documentation that could bolster your case.
Step 3: Plead Not Guilty
To officially challenge the ticket, you must plead not guilty.
The citation will usually provide information on how to do this, which often involves either mailing in the ticket with the not guilty box checked or going to the court in person.You should also read:Are you sure about what is covered in your auto insurance policy?
Ensure you adhere to any deadlines for this step.
Step 4: Prepare Your Case
Prepare your case thoroughly for the court hearing. This preparation may involve reviewing the evidence, rehearsing your defense, or even consulting with a lawyer.
Step 5: Attend the Court Hearing
On your court date, present your case confidently and professionally.
Be prepared to answer any questions the judge may have and to present your evidence clearly and succinctly.
Step 6: Abide by the Judge’s Decision
Once you’ve presented your case, the judge will make a decision. If the ticket is dismissed, you won’t face any penalties.
However, if the judge upholds the ticket, you’ll have to pay the fine and accept any other penalties.
Challenging a traffic ticket can be a complex process and may require time and patience.
It’s crucial to remember that each case is unique, and what works for one might not work for another.
Therefore, it’s often advisable to consult with a legal professional before proceeding.
Do I need an attorney after a car accident in Washington DC?
Washington D.C. is a complex city, and if you’ve been in a car accident, you may be wondering if you need an attorney.You should also read:Cost of future damages: factors to consider in calculations
Here’s the deal: car accidents can be complicated, and the law can be tricky to navigate. That’s where an experienced attorney comes in.
They can help you understand your rights and make sure that you’re treated fairly by the insurance company.
If you’ve been injured in a car accident, it’s best to consult with an attorney as soon as possible. They can help you get the compensation you deserve for your injuries.
Choosing the right attorney for your case is important.
You want to find someone who has the experience and knowledge to get you the best possible outcome.
Here are a few things to keep in mind when you’re looking for an attorney:
- Do they have experience with car accident cases?
- What is their success rate?
- Do they have? a good reputation?
- How much do they charge?
It’s important to ask a lot of questions and to feel comfortable with your attorney.
You’ll be spending a lot of time working with them, so you need to make sure you trust them and feel confident in their abilities.